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The ‘transitional period' will last for 12 months starting from 1st January 2011. Six months following the 1st appointed day will be known as the ‘2nd appointed day' (1st July 2011) and the day on which the transitional period ends will be known as the ‘3rd appointed day' (1st January 2012).
To allow time to comply with the new regime, existing operators, who, immediately before the 1st appointed day, have a Licensing Act 2003 Premises Licence and lawfully use premises as a sexual entertainment venue under that licence or are undertaking preparatory work to use the venue in that way will be allowed to continue to provide relevant entertainment until the 3rd appointed day or the determination of any application they have submitted before that time (including any appeal against the refusal to grant a licence), whichever is later.
New applicants are people who wish to use premises as a sexual entertainment venue after the 1st appointed day but do not already have a premises licence or club premises certificate to operate as such under the 2003 Act or do have such a licence but have not taken any steps towards operating as such. After the 1st appointed day new applicants will not be able to operate as a sexual entertainment venue until they have been granted a sexual entertainment venue licence.
Applicants will be able to submit their application for a sexual entertainment venue from the 1st appointed day onwards. As the Licensing Authority is able to refuse applications having regard to the number of sex establishment they consider appropriate for a particular locality, all applications made on or after the 1st appointed day but on or before the 2nd appointed day shall be considered together.
This will ensure that applicants are given sufficient time to submit their application and all applications received on or before the 2nd appointed day are considered on their individual merit and not on a first come first serve basis.
No applications shall be determined before the 2nd appointed day. After the 2nd appointed day the Licensing Authority shall decide what if any licences should be granted. If a new applicant is granted a licence it will take effect immediately. If an existing operator is granted a licence, it will not take effect until the 3rd appointed day, up to which point they will be allowed to continue to operate under their existing premises licence or club premises certificate.
Applications made after the 2nd appointed day shall be considered when they are made but only once all applications made on or before that date have been determined. However, reference to determination here does not include references to the determination of any appeal against the refusal of a licence.
As with applications received on or before the 2nd appointed day, licences granted to new applicants shall take effect immediately and licences granted to existing operators shall take effect from the 3rd appointed day or, if later, the date the application is determined.
Please contact the council's licensing team should you wish to make an application for a licence to operate a sexual entertainment venue.
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